Bill > S204

This bill aims to protect the fundamental right of parents to direct the upbringing, education, and healthcare of their children by establishing legal protections and standards for parental decision-making. The legislation defines parents as biological, adoptive, or legally authorized guardians of children under 18 and declares that their right to make decisions for their children is a fundamental liberty that should be minimally restricted by government intervention. The bill requires that any government action that substantially burdens parental rights must meet the highest standard of judicial review, known as "strict scrutiny," meaning the government must prove it has a compelling interest of the utmost importance and that its action is the least restrictive means of achieving that interest. The bill specifically protects parents' rights to direct their children's education, moral and religious upbringing, and healthcare decisions, while also acknowledging that these rights do not extend to actions that would cause serious physical harm to the child. Parents would have the ability to raise violations of this act as a claim or defense in federal or state courts, and the legislation explicitly states that it provides additional protections to existing federal, state, and constitutional protections of parental rights. The bill also includes provisions for attorney's fees in judicial and administrative proceedings related to parental rights.

Justice

https://www.congress.gov/bill/119th-congress/senate-bill/204/all-info